Jump to content
  • 0

Personal File of Public Servant


dkchhetri

Question

dkchhetri

I want to know whether document submitted by Public Servant during employment and the personal employment file of the official comes under ambit of RTI Act or not ?

 

I will be thankful to our esteemed and learned forum members if they provide me any direction/order passed by Supreme Court in this regard.

Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0
MANOJ B. PATEL

Yes, it is covered under RTI Act. Decision: Praveen Sakuja v. Export Inspection Council of India(EIC) Appeal No. ICPB/A-17/CIC/2006.

Link to post
Share on other sites
  • 0
  • Super Moderator
RAVEENA_O

Document submitted by a candidate in response to employment notification, which culminated into selection and appointment to a post and form part of Service File / Personal file, do not qualify for exemption, since recruitment and selection is a public activity of UPSC / SSC / RRB / PESB etc and havinging larger public interest. These documents generally pertain to educational qualifications, caste certificates, experience cerrtificate, PH certificate etc which are issued by public authorities and upon selection acted by public authority and became part of the selection proceedings and hence in public domain.

 

Also refer to: CASTE CERTIFICATE AND RTI

 

The question whether the Central Information Commissioner acting under the Right to Information Act, 2005 was right in denying information regarding the personal matters pertaining to service career on the ground that the information sought for was qualified to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act, came up before the Hon'ble Supreme Court of India in the case of Girish Deshpande Vs CIC. In that case, CIC had held that the information which has been denied to the appellant essentially falls in two parts – (i) relating to the personal matters pertaining to service career; and (ii) Shri Lute’s assets and liabilities, movable and immovable properties and other financial aspects and further held that this information qualifies to be the ‘personal information’ as defined in clause (j) of Section 8(1) of the RTI Act and the appellant has not been able to convince the Commission that disclosure thereof is in larger public interest.

 

The Service Register (SR) of an employee is generated during the course of service and matter pertaining to his performance and regulated under service rules, which have no relation to public acltivity or public interest, but personal information and hence qualify for exemption u/s 8(1)(j) of the Act. Such information can be dislcosed only on satisfaction by PIO/FAA that larger public interest warrnats disclosure of SR. Procedure under section-11 is also imperative in such cases, when the larger public interest element brought out by applicant for consideration by PIO/FAA.

 

Please refer to : Hon'ble Supreme : Girish Deshpande Vs CIC - SLP© 27734 of 2012 decided on 03/10/2012.

Link to post
Share on other sites
  • 0
Prasad GLN

If you have concrete evidence on any foul play or fake documents, establish larger public interest and then you have chance of getting them.

Link to post
Share on other sites
  • 0
Prasad GLN

"Such information can be dislcosed only on satisfaction by PIO/FAA that larger public interest warrnats disclosure of SR. Procedure under section-11 is also imperative in such cases, when the larger public interest element brought out by applicant for consideration by PIO/FAA. "

 

Please refer to : Hon'ble Supreme : Girish Deshpande Vs CIC - SLP© 27734 of 2012 decided on 03/10/2012.

 

 

Against above, Is it not proper to establish larger public interest, if there is an element of doubt on PIO denying information under sec.8 exemption, to avoid unnecessary appeals ?

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    • Prasad GLN
  • Forum Statistics

    • Total Topics
      119,610
    • Total Posts
      427,658
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy